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Earlier this week, this blog reported that a man was charged with driving while impaired on a moped in Wilkesboro, North Carolina. A similar account has made the news in Clinton, North Carolina-at least as far as the vehicle involved in the DWI allegations. However, Police in Clinton claim that the man accused of DWI while riding a moped is a repeat offender.

Law enforcement says that authorities received several calls about a man on a moped. One caller told dispatchers that the man kept falling off the motorized bike. A police officer looked for the man, but apparently could not locate the man or the moped. Later, the caller phoned authorities again claiming that the man was at a gas station.

The officer searched the area, but still could not find the moped. A short time later, the officer found a man in the middle of a Clinton street-underneath a fallen moped.

The police officer arrested the Clinton man on suspicion of drunk driving charges. Authorities claim that the man blew an alcohol reading of 0.29 percent. However, officials apparently claim that the man had several prior DWI convictions on his record within a 10-year time frame. In addition to DWI, the man has been charged with felony habitual DWI, according to the Sampson Independent. The man was booked into jail with bond set at ,000. His next court date is scheduled for March 14.

North Carolina law treats any DWI conviction harshly. But the consequences become more strict if a person has a prior DWI conviction in a specified number of years.

When a driver is accused of new DWI charges with three prior convictions within 10 years, North Carolina law allows authorities to seek habitual DWI charges, which is a felony level offense. A person convicted of felony habitual DWI in North Carolina must expect to serve time in prison.

State law requires judges to impose a mandatory minimum of one year in prison for a conviction of habitual DWI, a minimum sentence that cannot be suspended. The judge can impose a longer sentence in excess of the mandatory minimum.

Source: Sampson Independent, “Clinton man charged with habitual DWI,” Sherry Matthews, Jan. 14, 2013

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A recent story in the news out of Wilkesboro, North Carolina underscores how broadly the laws prohibiting driving while impaired may apply in the state. Most people understand that North Carolina’s DWI laws apply to cars, motorcycles, trucks and other types of motor vehicles that are traditionally recognized as motor vehicles. From time-to-time, a story about DWI charges in the state may involve a different type of “vehicle.”

Authorities in Wilkesboro reported to the scene of a moped accident near Wilkes Community College recently to find a person witnesses say was riding a moped up and down the street for about 30 minutes before crashing the moped. Law enforcement says that the Wilkesboro man was unsteady on his feet after the moped wreck. However, authorities also say that the man smelled of alcohol and apparently decided to investigate the accident victim for a possible DWI offense.

Officials say that officers had to assist the accident victim in walking to the patrol car, where police apparently asked the man to submit to a roadside alcohol sensor test. Police claim the roadside test registered a 0.33 percent alcohol level. Police say that the man admitted to drinking four glasses of Vodka that day. Police also claim that the man had a small, airline-style bottle of Vodka with him that law enforcement discovered during a search.

The man has been charged with DWI for allegedly driving drunk on a moped along Collegiate Drive in Wilkesboro. Authorities claim that the man has three prior DWI convictions on his record.

This blog has previously discussed a variety of DWI allegations involving conveyances other than traditional cars. While the DWI law may apply to a variety of different vehicles, it is important to note that criminal charges do not equate to a finding of guilt.

Generally, criminal defense lawyers not only review the facts underlying a criminal charge, but the law itself to help ensure that the government does not overstep its authority in seeking to enforce the laws. While mopeds and other forms of vehicles may be within the scope of the DWI laws, it is important for people accused of DWI to speak to a DWI defense lawyer to learn what defenses may be available in a specific set of circumstances.

Source: WMFY News 2, “Man Crashes Moped Charged With DWI In Wilkesboro,” Jan. 10, 2013

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A 51-year-old resident of Faith, North Carolina was arrested in Salisbury, North Carolina, Sunday on suspicion of driving while impaired. The North Carolina Highway Patrol says that the man accused of DWI was driving a moped when a passenger on the bike fell off.

Troopers say the driver of the moped stopped briefly at the scene. However, law enforcement accused the alleged moped driver of fleeing the scene of the accident after gathering a few items from the accident scene. Troopers apparently base their suspicions from witness statements.

The witnesses say that a passenger fell off the moped around 6:00 Sunday evening as the driver was negotiating a turn in Salisbury. The witnesses claim that the driver stopped, and later fled the scene. Troopers say that the witnesses provided a description of the person who was driving the moped at the time of the accident.

Investigators located a man that troopers claim matches the witness’s description. The man was found down the road from the scene of the accident. Law enforcement claims that the man was hiding behind a tree.

The man who witnesses say was a passenger on the moped was taken to Rowan Regional Medical Center with undisclosed injuries.

The Faith, North Carolina man is now accused of drunk driving on a moped and fleeing the scene of an accident.

North Carolina DWI laws are applied broadly in terms of the vehicles used in public places in the state. This blog has previously reported a DWI arrest involving a moped. This blog has also covered stories related to DWI charges involving bicycles, golf carts and more.

It is important when accused of driving while impaired to consider speaking with a seasoned Pitt County DWI defense lawyer for a review of the allegations and to learn what defenses may be available in specific circumstances.

Source: Salisbury Post, “Police: Drink driver hid behind tree after accident,” July 23, 2012

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The North Carolina Court of Appeals upheld the DWI conviction of a 49-year-old Carteret County man who was arrested on a moped in a parking lot in Morehead City. Police had claimed the man was sitting on a moped in a K-Mart parking lot on November 20, 2009. A Morehead City Police Officer says the man appeared “unsteady on his feet,” smelled of alcohol and was carrying a pint of vodka in his pocket. The officer reportedly testified at trial that the man required help getting off the moped.

Law enforcement believed the man appeared impaired and arrested the man on suspicion of driving while impaired. Law enforcement requested the man to submit to a breath test. Police claimed the first reading showed a result of .15. Police say the man refused to submit a second breath sample during the test.

The evidence was presented to a jury, who found the man guilty of DWI. The man reportedly has three prior DWI convictions on his record. The trial court judge entered judgment against the man as a felony habitual DWI offender. The man appealed the conviction arguing the allegations of being on a moped in a parking lot can support a charge of DWI under North Carolina law.

The appellate court disagreed with the argument. The court says North Carolina General Statute 20 defines a public vehicular area as including any “parking lot upon the grounds or premises of…any…business…providing parking space for customers, patrons or the public.” The Appeals Court upheld the conviction finding no error of law in the trial court proceedings.

The man is serving a prison sentence of 19 to 23 months for the DWI conviction.

Source: Jacksonville Daily News, “Appeal denied in moped DWI,” Lindell Kay 6 Jul 2011

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Iredell County law enforcement claims a police chase ended with a North Carolina DWI arrest early Sunday morning. The chase involved a deputy and a 56-year-old man allegedly driving a moped. The deputy reportedly saw the man weaving on his moped and attempted to conduct a traffic stop. When the deputy activated the lights on the cruiser, police say the man on the moped continued traveling.

Law enforcement claims the man pulled into a parking lot in front of a convenience store. In the lot, the man turned around on his moped and exited the lot, heading toward the Interstate. The deputy continued after the man as the moped entered Interstate 40 eastbound, according to a statement from the Sheriff’s Office.

At some point on the Interstate, the moped rider’s helmet reportedly flew off. The moped driver continued along the Interstate to another exit. Law enforcement followed the moped into a second convenience store parking lot. The man stopped his moped temporarily until law enforcement approached, according to the Sheriff’s Office.

As the deputy approached the driver in the parking lot, police say the man attempted to take off a second time. The deputy reportedly grabbed the moped driver’s arm and pulled him from the moped. The man reportedly was placed under arrest.

The moped driver submitted a breath sample. Police say the man had a breath alcohol content of .23, above the North Carolina limit of .08.

The man reportedly is facing a number of charges related to the allegations surrounding the police chase. The 56-year-old is charged with DWI, eluding arrest, resisting arrest, careless and reckless driving, failure to stop and driving a moped without a helmet.

Source: WSOC TV, “Sheriff: Moped Driver Arrested After Pursuit,” 31 May 2011

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